Notice of Granted Buy America Waiver
Number 68 FR 2105
01-15-03
[PDF Format]
[Federal Register: January 15, 2003 (Volume 68, Number 10)]
[Notices]
[Page 2105-2106]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja03-108]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Granted Buy America Waiver
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of granted Buy America waiver.
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SUMMARY: This waiver allows ticket vending machine manufacturers to
install the Mars Electronics Bill Handling Unit and count it as
domestic for purpose of Buy America compliance. It is predicated on the
non-availability of the item domestically and was granted on December
10, 2002, for the period of two years, or until such time as a domestic
source for this Bill Handling Unit becomes available, whichever occurs
first. This notice shall insure that the public, particularly potential
manufacturers, is aware of this waiver. FTA requests that the public
notify it of any relevant changes in the domestic market.
FOR FURTHER INFORMATION CONTACT: Meghan G. Ludtke, FTA Office of Chief
Counsel, Room 9316, (202) 366-1936 (telephone), or (202) 366-3809
(fax).
SUPPLEMENTARY INFORMATION: See waiver below.
Issued: January 2, 2003.
Jennifer L. Dorn,
Administrator.
Cassius Jones, Industry Manager, Mars Electronics International,
1301 Wilson Drive, West Chester, Pennsylvania 19380-5963
Dear Mr. Jones: This letter responds to your correspondence of
August 8, 2002, in which you request an extension of a Buy American
non-availability waiver for the BNA57, BNA52/54, and BSN385/39 bill
handling units manufactured for use in ticket vending machines. The
bill handling unit at issue here is able to accept, validate, and
place in mechanical escrow banknotes of various denominations. The
device also transfers these banknotes from the escrow to a vault
within the ticket vending machine or returns them if the transaction
is not completed. On July 21, 2000, the Federal Transit
Administration granted Mars Electronics a waiver for this unit. For
the reasons below, I have determined that a waiver is appropriate
here.
FTA's requirements concerning domestic preference for federally
funded transit projects are set forth in 49 U.S.C. 5323(j). However,
Section 5323(J)(2)(B) states that those requirements shall not apply
if the item or items being procured are not produced in the U.S. in
sufficient and reasonably available quantities and of a satisfactory
quality. The implementing regulation also provides that a waiver may
be requested ``for a specific item or material that is used in the
production of a manufactured product.'' 49 CFR 661.7(g). The
regulations allow a bidder or supplier to request a waiver only if
it is being sought under this section. See, 49 CFR 6617(g) and 49
CFR 661.9(d).
You state that there are still no U.S. manufacturers of this
component with a functionally equivalent product. This assertion is
supported by a market survey furnished as part of your application
and conducted by Scheidt & Bachlman, a ticket vending machine
manufacturer and potential end user of this component. You have also
supplied a letter supporting your contentions from Cubic
Transportation Systems, another
[[Page 2106]]
potential end user. FTA posted a request for comments on this matter
on our website and received no comments from domestic manufacturers
of this product.
Based on the above-referenced information, I have determined
that the grounds for a ``non-availability'' waiver exist. Therefore,
pursuant to the provisions of 49 U.S.C. 5323(j)(2)(B), a waiver is
hereby granted by manufacture of the BNA57, BNA52/54, processing
unit for a period of two years, or until such time as a domestic
source of this type of unit becomes available, whichever occurs
first. In order to insure that the public is aware of this waiver,
particularly potential manufacturers, it will be published in the
Federal Register. If you have any questions, please contact Joseph
Pixley at (202) 366-1936.
Very truly yours,
Gregory B. McBride,
Deputy Chief Counsel.
[FR Doc. 03-823 Filed 1-14-03; 8:45 am]
BILLING CODE 4910-57-M
